Do I Really Need an Attorney for Possession of Marijuana?

In Virginia, possession of marijuana is illegal and is considered a misdemeanor. Va. Code § 18.2-250.1 states “it is unlawful for any person to knowingly or intentionally  possess marijuana unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the Drug Control.”  Simple possession can lead to 30 days in jail and up to a $500 fine. A second marijuana charge is classified as a class 1 misdemeanor and has a maximum sentence of one year in jail. In addition, a simple marijuana charge can lead to a suspended license for six months. Thus, there are serious consequences if you are found guilty of possession of marijuana even if it is only a small amount.

One resource that is available to first time offenders is the possibility of a deferred disposition.  Under Virginia Code § 18.2-251, any individual who has not had a previous drug charge can receive a deferred disposition and possible dismissal of the charge if court ordered conditions such as a drug assessment and the payment of fines are met. If you are facing a simple possession charge, contact us at Holcomb Law to schedule your “Legal Strategy Meeting,” at which our criminal defense lawyers will answer ALL your questions and show you your options.  Call us at 757-656-1000 or email us at  We will take very good care of you.